Gojet Loses Another Federal Employment Case
09-26-2018, 02:48 PM
#1
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Gojet Loses Another Federal Employment Case
A federal jury in Chicago ruled that Gojet interfered with a pilots taking of FMLA leave and retaliated against him for taking the FMLA leave, when it terminated him while on leave. Case 1:16-cv-01146, Federal District Court for the Northern District of Illinois.
The VP of Operations sent an email to the Chicago Base Manager shortly after he went on leave advising her, "Tracey, I do not want you to reach out to this man again by phone or email. Let Randy know the instant you are back in the office if he calls or sends an e-mail, so we can all discuss. After his FML ends, our intent is to terminate his employment for noncompliance with the law. Steve"
Gojet only allowed him a fraction of the FMLA leave he requested and less than the minimum 60 days the FAA required he be off to ensure there were no side effects from the prescribed medicine. Gojet did not provide any of the required notifications to him, and cut off his family's medical insurance and his life insurance without notice. He promptly informed Gojet that he would not be back by the short date to return that they gave him as he had to wait a minimum of the 60 days plus FAA medical office approval. When he did not return on the short date, they terminated him but did not notify him for another 12 days.
Does Gojet expect pilots to fly without their medicals?
The VP of Operations sent an email to the Chicago Base Manager shortly after he went on leave advising her, "Tracey, I do not want you to reach out to this man again by phone or email. Let Randy know the instant you are back in the office if he calls or sends an e-mail, so we can all discuss. After his FML ends, our intent is to terminate his employment for noncompliance with the law. Steve"
Gojet only allowed him a fraction of the FMLA leave he requested and less than the minimum 60 days the FAA required he be off to ensure there were no side effects from the prescribed medicine. Gojet did not provide any of the required notifications to him, and cut off his family's medical insurance and his life insurance without notice. He promptly informed Gojet that he would not be back by the short date to return that they gave him as he had to wait a minimum of the 60 days plus FAA medical office approval. When he did not return on the short date, they terminated him but did not notify him for another 12 days.
Does Gojet expect pilots to fly without their medicals?
09-28-2018, 07:09 AM
#3
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So is the HR department there just totally incompetent? Or do they give the right advice and get overridden by stupidity in management? Exactly how you deal with federal laws might be subject to individual interpretation but blowing them off altogether is going to be expensive and leave you looking like a heartless fool at best, and an evil person at worst.
And how can anyone ANYWHERE in upper management NOT know that all internal documents - like e-mails - can be subpoenaed through discovery for a civil case.
And how can anyone ANYWHERE in upper management NOT know that all internal documents - like e-mails - can be subpoenaed through discovery for a civil case.
09-28-2018, 07:33 AM
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Originally Posted by Excargodog
So is the HR department there just totally incompetent? Or do they give the right advice and get overridden by stupidity in management? Exactly how you deal with federal laws might be subject to individual interpretation but blowing them off altogether is going to be expensive and leave you looking like a heartless fool at best, and an evil person at worst.
And how can anyone ANYWHERE in upper management NOT know that all internal documents - like e-mails - can be subpoenaed through discovery for a civil case.
And how can anyone ANYWHERE in upper management NOT know that all internal documents - like e-mails - can be subpoenaed through discovery for a civil case.
09-28-2018, 04:53 PM
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Originally Posted by calmwinds
Are Steve and Randy in the email still at GoJet?
Randy has taken over as the VP of Ops. I hear he is being moved out but I don't know if he has been told yet. I imagine he has.
Nothing has changed from what I see. When you need to go on FMLA leave, you can let me know.
10-02-2018, 11:39 AM
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Originally Posted by LadyJustice
The transcript of some of the proceedings were on the court's website and Randy Bratcher made some pretty incredible claims. Keep watching for a further posting when I can filter through it. Its worth the wait.
Is there a link for the court transcripts?
10-09-2018, 02:35 PM
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Sorry for the delay in my promised posting.
The pilot in this case was terminated shortly after he went on FMLA leave because the FAA required he be on the prescribed medicine for 60 days, insure no side affects, and obtain approval from FAA medical in OKC. Gojet does not like to pay medical bills when employees are not working. The DO of ops told the base manager and the chief pilot to not even communicate with him because they were going to fire him. Which they did. The message was sent to every pilot, DO NOT TAKE FMLA LEAVE! And I am sure that many did not take the chance and did not take FMLA leave.
Gojet refused to arbitrate the matter with the union. They had an arbitration about whether Gojet had to arbitrate, which Gojet lost. Gojet still refused. After a year and a half he went to Skywest.
After 3 years of this guy kicking Gojet's ass in federal court, they offered him his job back saying he would have to go through the entire new hire training program. He has a disabled child and they knew he could not go for the 6 or 7 weeks of training and the offer was only made to try and limit damages. They told him there might be some parts he would not have to do. (Maybe a slide program or two?) Gojet seemingly does nothing without a plan to later stab the person in the back.
So the jury rules in favor of the pilot for violation of the FMLA and the damages part goes for trial. Gojet wants to not limit his damages saying he could have come back with the offer to reinstate. They are facing Captain pay at Gojet minus FO pay at Skywest.
So they put Randy Bratcher on the stand who testifies that they could have trimmed the entire initial course from the 6 to 7 weeks down to just 3 days, a day of class and 2 sims.
First of all, Skywest and Gojet have totally different checklists and different procedures. Gojet pubs and jeppesens are all different and he would have to learn how to use them. Do you really think he could have reviewed the FOM the GOM and all the other OMs and been ready to fly as a Gojet Captain in 3 days? Anyone want to be on that plane?
Testimony transcript to follow.
The pilot in this case was terminated shortly after he went on FMLA leave because the FAA required he be on the prescribed medicine for 60 days, insure no side affects, and obtain approval from FAA medical in OKC. Gojet does not like to pay medical bills when employees are not working. The DO of ops told the base manager and the chief pilot to not even communicate with him because they were going to fire him. Which they did. The message was sent to every pilot, DO NOT TAKE FMLA LEAVE! And I am sure that many did not take the chance and did not take FMLA leave.
Gojet refused to arbitrate the matter with the union. They had an arbitration about whether Gojet had to arbitrate, which Gojet lost. Gojet still refused. After a year and a half he went to Skywest.
After 3 years of this guy kicking Gojet's ass in federal court, they offered him his job back saying he would have to go through the entire new hire training program. He has a disabled child and they knew he could not go for the 6 or 7 weeks of training and the offer was only made to try and limit damages. They told him there might be some parts he would not have to do. (Maybe a slide program or two?) Gojet seemingly does nothing without a plan to later stab the person in the back.
So the jury rules in favor of the pilot for violation of the FMLA and the damages part goes for trial. Gojet wants to not limit his damages saying he could have come back with the offer to reinstate. They are facing Captain pay at Gojet minus FO pay at Skywest.
So they put Randy Bratcher on the stand who testifies that they could have trimmed the entire initial course from the 6 to 7 weeks down to just 3 days, a day of class and 2 sims.
First of all, Skywest and Gojet have totally different checklists and different procedures. Gojet pubs and jeppesens are all different and he would have to learn how to use them. Do you really think he could have reviewed the FOM the GOM and all the other OMs and been ready to fly as a Gojet Captain in 3 days? Anyone want to be on that plane?
Testimony transcript to follow.
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